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An Act To Amend the Laws Regarding the Operation of an All-terrain Vehicle or Snowmobile on a Controlled Access Highway
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  this legislation needs to take effect before expiration of the 90-day period in order to allow for the construction of multi-use trails within the rights-of-way of controlled access highways to be built in the summer of 2016; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §13106-A, sub-§3, ¶A, as enacted by PL 2003, c. 655, Pt. B, §394 and affected by §422, is amended to read:
 
A. A person may operate a snowmobile upon a controlled access highway or within the right-of-way limits of a controlled access highway in accordance with this paragraph.
 
(1) A person on a properly registered snowmobile may cross controlled access highways by use of bridges over or roads under those highways, or by use of roads crossing controlled access highways at grade.
 
(2) The Commissioner of Transportation may issue special permits for designated crossings of controlled access highways.
 
(3) A person on a properly registered snowmobile may operate the snowmobile within the right-of-way limits of a controlled access highway on a trail segment approved by the Commissioner of Transportation.
 
At the request of the Commissioner of Agriculture, Conservation and Forestry, the Commissioner of Transportation may permit construction of a snowmobile trail within the right-of-way limits of a controlled access highway when there is an ability to provide for the continuity of a state-owned or state-controlled network of snowmobile trails in an area of new construction on or after January 1, 2016.
Sec. 2. 12 MRSA §13157-A, sub-§3, ¶A, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is amended to read:
 
A. A person may not operate an ATV upon a controlled access highway or within the right-of-way limits of a controlled access highway, except that:
 
(1) A person on a properly registered ATV may cross controlled access highways by use of bridges over or roads under those highways or by use of roads crossing controlled access highways at grade; and
 
(2) The Commissioner of Transportation may issue special permits for designated crossings of controlled access highways.; and
 
(3) A person on a properly registered ATV may operate the ATV within the right-of-way limits of a controlled access highway on a trail segment approved by the Commissioner of Transportation.
 
At the request of the Commissioner of Agriculture, Conservation and Forestry, the Commissioner of Transportation may permit construction of an ATV trail within the right-of-way limits of a controlled access highway when there is an ability to provide for the continuity of a state-owned or state-controlled network of ATV trails in an area of new construction on or after January 1, 2016.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill allows the Commissioner of Transportation to permit the construction of all-terrain vehicle and snowmobile trails within the right-of-way limits of controlled access highways in areas of new construction. It also permits the operation of all-terrain vehicles and snowmobiles on those trail segments.